Vancouver Island, population 870,000, only has 2 people in hospital with COVID-19, as of May 7, and a total of 18 people who have been identified with the virus, who have not recovered, according to the BC Centre for Disease Control. In this context, the Public Health Act and the Emergency Program Act are […]
BC Overdose Deaths Double During COVID & New Legislation to Detain Youth
/in COVID-19, Drugs, ICBC, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: From March to May 2020, the number of people who have died as a result of drug overdoses in British Columbia has been more than double the number of people who have died from COVID-19: 401 vs 164. January COVID-19 deaths: 0 Overdose deaths: 77 February […]
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In a recent decision the Supreme Court of Canada has affirmed that when someone is arrested and charged with an offence, the presumption is that they should be released without the imposition of any conditions. Any conditions of release that are imposed must be clearly articulated, […]
Conservation Officer Improperly Fired & Legal Protections for Police
/in Legal News /by mtp_adminLegally Speaking Episode Summary: June 11, 2020 In 2015 a BC conservation officer was dismissed from his position for refusing to kill two bear cubs. Initially, the conservation officer didn’t have the assistance of a lawyer and the issue of his dismissal was dealt with by a union representative and the Labour Relations Board. […]
Entrapment by phone, posse comitatus and the US Army, Canadian mayors and riots, and inoperable cell phone convictions
/in Legal News /by mtp_adminCan you be entrapped by phone? The Supreme Court of Canada has confirmed that you can. One of the ways that entrapment can occur is if the police engage in random virtue testing: presenting an opportunity to commit a crime without a reasonable suspicion that the person being tested is already committing the crime, […]
Huawei Executive Extradition & Google Reviewer Reveal
/in Legal News /by mtp_adminIn Canada, the decision about whether or not to extradite someone to another country to face criminal charges has both a legal and political aspect. The courts decide if the legal requirements for extradition have been met. If they have, it is then up to the Minister of Justice to determine if the person should […]
COVID-10 and bail, the Criminal Defence Advocacy Society calls for courts to reopen, and a jury trial by Zoom in Texas
/in Legal News /by mtp_adminCOVID-19 is a consideration when deciding if someone should remain in jail while waiting for their trial. In one federal penitentiary, located in Mission BC, 133 inmates and staff contracted the coronavirus. As a judge recently pointed out, however, the risk of COVID-19 is not a “get out of jail free card.” The overriding […]
Condom Quarrels & No More Spousal Support Money
/in Legal News /by mtp_adminDoes failing to use a condom result in a lack of consent, or constitute fraud? In a recent decision, the Court of Appeal split three ways on how failing to use a condom should be analyzed. The case they were dealing with involved two people who had only met in person on one occasion […]
COVID Dwindling, Court Etiquette & An Unlawful Fire Pit
/in Legal News /by mtp_adminVancouver Island, population 870,000, only has 2 people in hospital with COVID-19, as of May 7, and a total of 18 people who have been identified with the virus, who have not recovered, according to the BC Centre for Disease Control. In this context, the Public Health Act and the Emergency Program Act are […]
$500,000 Bet on Rock, Paper, Scissors Ruled Invalid
/in Legal News /by mtp_adminIn 2011 two men in Quebec wagered $517,000 on a best-of-three rock, paper, scissors game. The man the lost took out a mortgage on his home to pay the debt but was successful in having the gambling contract, and mortgage set aside. In Quebec, private contractual disputes are deal with pursuant to the Civil […]
Court of Appeal is now back thanks to Zoom and instilling fear of COVID-19 from other parent not in best interests of a child
/in COVID-19, Legal News /by mtp_adminThe BC Court of Appeal will be back operating at full capacity thanks to Zoom. After several weeks of dealing only with urgent matters, the BC Court of Appeal has announced that all oral hearings will proceed using Zoom. All material will be filed electronically. A desire to have an oral argument in person, […]